Probate Judge Candidates Walk Fine Line When Raising Campaign Funds

July 20, 2012|By REBECCA D. ROBBINS, rdrobbins@courant.com

GREATER WINDSOR — How do you address the need to raise money for a political campaign while seeking a position that demands impartiality?

The four candidates vying to become Greater Windsor's new probate judge in an Aug. 21 special election are grappling with this tricky issue as they fund campaigns that can last for months and cost thousands of dollars.

State law allows candidates for probate judge — the only elected judicial position in the state — to accept campaign donations of up to $1,000 from individuals, $10,000 from party committees, and $1,500 from political action committees. There is no cap on the total funds a candidate can raise, State Elections Enforcement Commission spokesman Joshua Foley said.

The Code of Probate Judicial Conduct, published by the state probate court administrator, allows candidates' campaigns to accept or solicit donations. It also offers guidance to candidates about acceptable campaign donors: "Though not prohibited, campaign contributions made by parties or lawyers, may, by virtue of their size, source, or timing, raise questions about a judge's impartiality."

Probate court Administrator Paul J. Knierim said he would encourage candidates to evaluate whether to accept campaign donations from lawyers on a case-by-case basis.

"I think the thing to be avoided is contributions from those whose practices revolve around the court," Knierim said.

Some probate judge candidates said the issue of whether or from whom to accept campaign donations puts them in an uncomfortable ethical spot.

"It's awkward. It really is awkward," said Marianne Lassman Fisher, the winner of last month's Democratic primary for probate judge. "It always leaves you with this uncomfortable feeling."

Lassman Fisher's July 10 campaign filing indicates that she has raised a total of $5,525, $5,000 of which represents her own personal funds. She said she will likely hold her first fundraiser in August.

Lassman Fisher said she has only received a handful of donations thus far, none of which have come from lawyers. But if a lawyer were to offer a donation, she said she would carefully consider whether to accept the money, and would be less inclined to do so if the lawyer practiced probate law.

Kevin McCann, the Republican candidate, said he is not personally troubled by the need to raise campaign funds.

McCann's July 10 campaign filing shows that he has raised a total of $8,275, the majority of which has come from private individuals, including four practicing lawyers. McCann said that to his knowledge, none of those lawyers practice probate law.

"Donations have been a part of probate judge campaigns," said McCann, who is also a South Windsor town councilman. "I don't see it as a particular problem."

Still, McCann said he is careful to avoid any appearance of impropriety in his fundraising. Recently, McCann said, he had a conversation with a lawyer who regularly practices probate lawand who has supported McCann in the past in his campaigns for town council. But for this election, they decided that it would be inappropriate for that lawyer to make a donation or even put up a campaign sign in his yard, McCann said.

The two candidates running as independents are refusing donations altogether.

Judith Paquin, a Democrat who is running as an independent, said she has funded her campaign with about $1,800 in personal funds.

Keith Yagaloff, also a Democrat running as an independent in the race, said he is refusing donations in an effort to differentiate himself from the pack as an apolitical, nonpartisan candidate.

"I don't want anyone coming before me and saying, 'You're favoring that person because they helped you in your campaign,' " said Yagaloff,who is also a South Windsor town councilman.

According to his July 10 campaign filing, Yagaloff has spent nearly $570 of his own money to finance his campaign.

The awkwardness of running for probate judge, some candidates say, can extend to canvassing.

Lassman Fisher, a former probate judge, said she sometimes feels awkward going door-to-door to solicit votes.

"Even though you're just saying, 'These are my qualifications,' you're right in front of them asking for their vote," Lassman Fisher said, who emphasized that she enjoys meeting residents. "There's a little cringe factor in that because you're going to be a judge in their district."

Paquin said she intentionally avoids the homes of lawyers as as she campaigns door-to-door.

When I know where [lawyers] live, I skip their house," Paquin said. "That would be awkward, or could even be difficult if they're appearing before me."

But McCann and Yagaloff said they do not feel uncomfortable asking voters to support them.

"It's an opportunity to connect with people," Yagaloff said.

McCann echoed Yagaloff's sentiment, asking, "Why should I feel discomfort in meeting with people who maybe need the court, people that the court serves?"